If the author declares that he will not obtain copyright and patent, can others apply for it?

The "copyright" mentioned in the title is copyright.

"others" should be defined as "the civil subject of copyright", which includes individuals and units (employers).

Copyright is an important part of intellectual property, and its legal nature is a civil right and a private right; However, copyright is not a pure property right, but also has the nature of personal right. The personal right of a work is closely related to the author's person, and only the author can enjoy and exercise it.

China's Copyright Law stipulates that the copyright of some job works belongs to the unit.

For example, the creator of a literary work created the work, but the copyright belongs to the unit, and the author himself is only the creator. At this time, "others" (units) have obtained the copyright of the work.

The copyright of a film work belongs to the producer. No matter whether the author of the film work renounces it or not, "others" can obtain the copyright of the film.

except for the above situations, in most cases, the author himself declares that he will not apply for copyright, and others cannot apply for it, but the copyright can be obtained in derivative acquisition.

For example, this "other person" is the successor or transferee.

In another case, the real author of a work voluntarily refers to the author of the work as "someone else", and the "other person" applies for and obtains the copyright in his own name.

The inventor (writer and designer) of a patent may be the same as or different from the patentee.

For example, someone else entrusts a person to write a patent. Although the other person is not the inventor (writer or designer) of the patent, the other person must be the patentee. If both parties reach an agreement through consultation, the "inventor" column on the patent registration certificate can be the name of this "other person".

In the title, "the author declares that he won't get the copyright and patent" is written together, as if to express that as long as the author declares, the work can get the copyright and patent.

In any work, under any circumstances, the protection of the author's original work does not extend to ideas, procedures, processes, systems, operating methods, concepts, principles and discoveries. That is to say, copyright protects the expression of a work, which does not mean that the expression should be granted a patent.